§ 8.01-581.3:1.Completion of discovery; hearing date; notification to parties and panel members; oath of panel members.

Once the Supreme Court designates a panel, the clock starts running. The clerk of the circuit court gets the panelists’ names right away, and absent good cause, discovery must wrap up within 120 days of the date the panel was requested. After consulting the panel members, the judge sets a hearing or convening date that can’t fall sooner than ten days after discovery closes.

When discovery ends, the clerk sends the parties each panelist’s name, address, and professional practice, and separately notifies the panelists themselves, in writing, of their appointment. That notification isn’t just a formality — it includes the definitions of “impartial attorney” and “impartial health care provider” from § 8.01-581.1, plus the text of the oath every panelist must take.

The oath itself requires a panelist to swear that they have no past or present relationship with the parties, are unaware of anything that would compromise their impartiality, and will render an opinion faithfully and impartially based on the evidence, drawing on their professional expertise and giving due regard to the claim and the provider’s practice. If a designated panelist cannot take that oath in good conscience, they must say so in writing to the presiding judge, who notifies the Supreme Court so it can appoint a replacement practicing the same profession.